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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Judgment of the court below] The defendant is a child of the victim B (CB and 22 months after his/her birth at the time of his/her death) who has a legal obligation to rear and protect the victim.
From the time of the death of the victim, 22 months have passed since the death of the victim with severe cerebral disease, but it was necessary to manage and protect the same as the newborn baby for 2 to 3 months after the birth, and the divers used by the defendant and the victim have been punished between the press of the bed and the t lease.
【Criminal Facts】
Around 19:00 on January 18, 2020, the Defendant called, “I will come to and depart with her husband F, who was promised three days prior to the arrival of the case,” and promised the victim to drink and play alcohol with her husband-friendly G (the age of 22 years) and alcohol, and returned the victim to a string on January 18, 2020, at night, the victim was able to do so, and she returned to the port on January 19, 2020, and then she returned to the port at night on January 19, 2020.
As such, the Defendant: (a) abandoned the victim, who is a child, to the her husband, for about nine hours; (b) committed a crime of child abuse; and (c) caused the victim’s death from January 18, 2020 to January 19, 2020 to the her husband’s her body-satellite-type death between the hered frame and the her unit lease on January 19, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. On-site inspection records and on-site inspection photographs;
1. A written autopsy and appraisal;
1. A certified welfare card copy (B), on-site and modified (B), and a written opinion, and a family relation certificate;
1. Application of Acts and subordinate statutes to report internal investigation (related to interviews with the rehabilitation department of a H hospital);
1. Article 4 and Article 2 subparagraph 4 (b) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes and Article 271 (1) of the Criminal Act concerning the relevant criminal facts and the Punishment, etc. of Child Abuse Crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Suspension of execution;